“As Keir Starmer, the Director of Public Prosecutions, defends the Human Rights Act, here are five of the most controversial cases in which it has been invoked.”
Daily Telegraph, 22nd October 2009
Source: www.telegraph.co.uk
“The Human Rights Act is not a ‘criminals’ charter’, the Director of Public Prosecutions has said.”
BBC News, 21st October 2009
Source: www.bbc.co.uk
“A powerful committee of MPs is likely to hold a formal hearing into allegations that a government anti-extremism programme is being used to gather information on innocent Muslims.”
The Guardian, 18th October 2009
Source: www.guardian.co.uk
“Desmond Browne QC, Chairman of the Bar, will speak on the theme of ‘Human rights under threat abroad and at home’ at a fringe meeting at Labour Party Conference on Sunday.”
Bar Council, 28th September 2009
Source: www.barcouncil.org.uk
“Controversial government plans to allow Jobcentre staff to ‘order’ benefit claimants to undergo tests for drug and alcohol dependency are in breach of European law and unlikely to work, according to leading addiction charities.”
The Guardian, 27th September 2009
Source: www.guardian.co.uk
“The son of a 106-year-old woman threatened with eviction from her care home as part of local council cost cutting has pledged to take her fight to the European Court of Human Rights.”
Daily Telegraph, 28th September 2009
Source: www.telegraph.co.uk
“A powerful new European commissioner for human rights who is expected to push for new protection for asylum seekers and workers is set to be appointed later this year.”
Daily Telegraph, 14th September 2009
Source: www.telegraph.co.uk
“A case that could affect the pensions of thousands of Britons who have retired abroad will be heard in a European court later.”
BBC News, 1st September 2009
Source: www.bbc.co.uk
“When considering the lawfulness of extradition by reference to the likely prison conditions which a person, if extradited, would face upon conviction in the requesting country, the question whether the high threshold under art 3 of the Convention on Human Rights for inhuman or degrading treatment would be crossed would depend on the facts of the particular case. There was no common standard for what did or did not amount to inhuman or degrading treatment throughout the many different countries in the world.”
WLR Daily, 10th August 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Chief constables have been told to ignore a landmark European Court ruling and continue storing the DNA samples of innocent people.”
The Times, 8th August 2009
Source: www.timesonline.co.uk
“A groundbreaking change in the law on assisted suicides could become inevitable tomorrow when the UK’s highest court delivers its judgment in the case of Debbie Purdy, whose long legal fight has put her at the centre of the controversy.”
The Guardian, 29th July 2009
Source: www.guardian.co.uk
“A policy of banning smoking in the premises of an NHS trust, which had the effect of prohibiting smoking for those detained in a high security psychiatric hospital, did not contravene the patients’ human rights and was lawful.”
WLR Daily, 28th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (F and another) v Secretary of State for Justice [2009] EWCA Civ 792; [2009] WLR (D) 25
“The absence of a right of review at any time of notification requirements imposed under s 82(1) and Sch 3 of the Sexual Offences Act 2003 was a disproportionate interference with an offender’s rights under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. As a matter of principle, an offender was entitled to have the question whether the notification requirements continued to serve a legitimate purposes determined on a review; and the case for granting a declaration of incompatibility pursuant to s 4 of the Human Rights Act 1998 was even stronger in the case of young offenders than in the case of adult offenders. However, restriction on travel included in notification requirements did not infringe art 4 of Directive 2004/38.”
WLR Daily, 24th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Placing rapists and paedophiles on the sex offenders register for life with no chance of review breaches their human rights, the Court of Appeal has ruled.”
Daily Telegraph, 24th July 2009
Source: www.telegraph.co.uk
“The Metropolitan police’s controversial tactic of containing large numbers of protesters against their will, known as ‘kettling’, will be challenged in a case lodged tomorrow with the European Court of Human Rights that claims the practice is a fundamental breach of liberty.”
The Guardian, 19th July 2009
Source: www.guardian.co.uk
“‘Flawed scientific thinking’ in the government’s proposed changes to the DNA database will leave it open to further challenges by the courts, experts have said, in a stark attack on Home Office plans to overhaul the current system.”
The Guardian, 19th July 2009
Source: www.guardian.co.uk
AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243
“The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 hours per day was insufficiently stringent to amount to a deprivation of liberty within art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 16th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in the credibility and reliability of such certificates and schedules. Nothing less was acceptable.”
WLR Daily, 14th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The mother of a soldier killed by a roadside bomb in Iraq has won the first round of a legal battle for an investigation into the use of the lightly armoured Snatch Land Rovers.”
The Times, 10th July 2009
Source: www.timesonline.co.uk
“The mother of a soldier killed in a Snatch Land Rover in Iraq will launch a legal challenge on Friday over the Government’s refusal to hold a public inquiry into the continued use of the lightly-armoured vehicles.”
Daily Telegraph, 10th July 2009
Source: www.telegraph.co.uk
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